LEGISLATIVE CORNER

The following information is presented to keep physicians informed of legislative issues which may be of interest to them. The initial installment focuses on issues in New Jersey. The Editor thanks the NJ Chapter of ACEP President Janet Alteveer, MD, FACEP and the Chair of the Legislative/Government Affairs Committee, Sal Pepe MD, FACEP for their support of this endeavor.

Prudent Layperson Legislation

Dr. Sweeney, Immediate Past President of the NJ Chapter of ACEP made a presentationto the Department of Health HMO Advisory Task Force on February 8 outlining NJ ACEP support for the `prudent layperson' definition of an emergency. He also proposed that `urgent' care be defined as being available within 12 instead of 48 hours, that requests for authorization for Emergency Department visits be answered within 30 minutes, and that, failing this, authorization would be automatically granted. Members of the Task Force stated opposition to the `prudent layperson' definition of an emergency as too ambiguous and arbitrary. The final regulations will not be published in the NJ Register until the fall, and, in the interim, there will be ample opportunity for comment.

The Legislature is also considering legislation that would affect health care in NJ. Charlotte Vandervalk's patient protection act (Assembly Bill A-1393) was discussed in the Assembly Health Committee at the beginning of March. It includes the `prudent layperson' definition of an emergency, requires payment for the medical screening exam and eliminates retroactive denials. The companion Senate bill to be proposed by Jack Sinagra lacks the `prudent layperson' definition. If enacted, legislation would supersede Department of Health regulations.

Funding of Hospital Charity Care

The charity care bill, a proposal to help pay for hospital care for uninsured New Jerseyans, was passed by the Assembly on May 6th. The bill is retroactive to January 1, 1996, and will expire in two years. Health Commissioner Len Fishman, who was involved in negotiating the passage of the bill, noted, "While this bill does not give dollar-for-dollar reimbursements, it does concentrate limited subsidy dollars on those hospitals that need it the most."

Motorcycle Helmet Law Repeal

Although the bill to repeal the motorcycle helmet law died in the Assembly during the last session, it was resurrected (S-440) and passed anew in the Senate 23-13. It therefore needs to be reconsidered in the Assembly. Governor Whitman was already quoted as saying, `You'd be absolutely nuts to get on a motorcycle without a helmet' and she is likely to veto it in the unlikely event it passes the Assembly.

Blader Helmet Law

NJ ACEP testified before the Senate Law and Public Safety Committee in support of the S-475 and S-537, legislation that requires helmets for skateboarders, roller bladers and roller skaters under the age of 14. This bill was introduced by Senator John A. Girgenti, Democrat of Hawthorne, who stated that about 7,000 children are expected to suffer head injuries this year while participating in these activities. The bill was approved by a State Senate Committee on March 14th and is awaiting further action in Trenton.

Jet Ski Safety Test

A bill requiring jet skiers to pass a safety test, passed in January, was put on hold by the Legislature on June 27 by a second bill that would delay its implementation for a year. This followed protests that places to take the test were difficult to find and that the lines there were too long. The second bill is awaiting the signature of Governor Whitman, who has not yet stated a position on it.

News from Stat Pac, the Political Action Committee of NJ ACEP

Assemblyman Rich Bagger was enthusiastically received at the StatPac reception during the NJ ACEP Conference in Atlantic City June 19-21. Assemblyman Bagger discussed a number of ongoing state issues and focused on the ways ACEP members can get to be involved in the legislative process.

Internet Email Addresses for New Jersey State Legislators

Of the approximately 120 New Jersey State Legislators, the following have an Internet Email address:

District 6 (Part of Camden County): Sen. John Adler: senadler@omni.voicenet.com

District 12 (Part of Monmouth County): Sen. John Bennett: jbennett@superlink.net

District 19 (Part of Middlesex County): Assemblyperson Arline Friscia: ArlineF387@aol.com

District 23 (All of Warren County and parts of Hunterdon and Mercer Counties): Assemblyperson Connie Myers: jcmyers@postoffice.ptd.net

If you wish to communicate with your legislators by Email, include your home address in your communication or indicate that you live within their district. If you would like to communicate with your legislators via Email but cannot because they do not have an Internet address, let them know. The addresses, phone and fax numbers of all NJ State Legislators can be obtained at the web site http://www.njin.net/~swayze/njlegislators.html .

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